Allowed

Budho Mandal v. The State of Bihar

Patna HC16 Dec 2022CR. MISC./47705/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition for bail arising out of an FIR for murder and affrays, the High Court at Patna observed that while the primary accused caused the death, the petitioner was merely named as a member of the mob without independent accusation. The court granted bail upon furnishing bond and sureties.

What did the court decide?

Petitioner directed to be released on bail on furnishing bonds of Rs. 10,000/- with two sureties.

Budho Mandal Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47705 of 2022

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Arising Out of PS. Case No.-181 Year-2021 Thana- BIHARIGANJ District- Madhepura

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======================================================

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Budho Mandal Son of Late Parmeshwar Mandal Resident of Village - Kamalpur, P.S.- Behariganj, District - Madhepura.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Uday Chand Prasad, Adv. For the Opposite Party/s : Mr.Harendra Prasad ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

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ORAL ORDER

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2 16-12-2022 Heard Mr. Uday Chand Prasad, learned Advocate for

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the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner seeks bail in connection with Behariganj P.S. Case No. 181 of 2021 dated 17.08.2021 instituted for the offences under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act.

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It has been alleged in the F.I.R. that the father of the Informant was shot at and killed by one Bipin Mandal.

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The petitioner and 11 others have been named in the F.I.R. as having come to the house of the Informant and the deceased. Apart from the allegation of the petitioner being a member of the mob, there is no other accusation against him.

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As noted above, the only person who opened fire and

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Patna High Court CR. MISC. No.47705 of 2022(2) dt.16-12-2022 2/2

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caused death of the father of the Informant is Bipin Mandal.

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The petitioner is in custody since 03.01.2022.

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From the order impugned, it appears that the chargesheet has already been submitted.

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Considering the aforenoted facts, the petitioner is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate- 1^st Class, Udakishunganj, Madhepura in connection with Behariganj P.S. Case No. 181 of 2021 .

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(Ashutosh Kumar, J)

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rishi/-

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U T

Budho Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Budho Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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